Title:Doing Justice to Rights and Values: teleological reasoning and proportionality
Author(s):SARTOR, GiovanniDate:2010Type of Publication:ArticleAbstract:This paper studies how legal choices, and in particular legislative determinations, need to consider multiple rights and values, and can be assessed accordingly. First it is argued that legal norms (and in particular ...
Title:Why Are Lawyers Nice or Nasty? Insights From Agent-Based Modeling
Author(s):MAYOR, Eunate; SARTOR, GiovanniDate:2010Type of Publication:ArticleAbstract:All substantive areas of law, with no exception, have a common concern for the processes by which legal disputes get resolved. Naturally, the success of any particular litigation strategy in a legal dispute depends on ...
Title:A Dynamic View of Litigation. Agent-Based Simulation Insights on Medical Liability Cases
Author(s):MAYOR, Eunate; SARTOR, GiovanniDate:2010Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:All substantive areas of law with no exception have a common concern for the processes by which
legal disputes get resolved. Naturally, the success of any particular litigation strategy in a legal dispute
depends on a ...
Title:The Italian Google-Case: Privacy, Freedom of Speech and Responsibility of Providers for User-Generated Contents
Author(s):SARTOR, Giovanni; VIOLA DE AZEVEDO CUNHA, MarioDate:2010Type of Publication:ArticleAbstract:In a recent decision of the Tribunal of Milan three Google executives were convicted for violating data protection law, in connection with the online posting of a video showing a disabled person being bullied and insulted. ...
Title:Reasonableness and Law
Author(s):BONGIOVANNI, Giorgio; SARTOR, Giovanni; VALENTINI, ChiaraDate:2009Type of Publication:BookAbstract:Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work examines the issues from an interdisciplinary perspective, merging jurisprudence, legal theory, political ...
Title:Law and Technology: Looking into the future - selected essays
Author(s):FERNÁNDEZ-BARRERA, Meritxell; GOMES DE ANDRADE, Norberto Nuno; DE FILIPPI, Primavera; VIOLA DE AZEVEDO CUNHA, Mario; SARTOR, Giovanni; CASANOVAS, PompeuDate:2009Type of Publication:BookAbstract:Perspective analysis are particularly important in the ICT-law domain, since ICTs have known the most accelerated development in the last decades, and the deepest social effects (determined the passage from the industrial ...
Title:Legal Concepts as Inferential Nodes and Ontological Categories
Author(s):SARTOR, GiovanniDate:2009Type of Publication:ArticleAbstract:I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and ...
Title:Why Lawyers Are Nice (or Nasty). A Game-Theoretical Argumentation Exercise
Author(s):SARTOR, Giovanni; RUDNIANSKI, Michel; ROTOLO, Antonino; RIVERET, Régis; MAYOR, EunateDate:2009Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This contribution introduces a novel approach to study legal interactions, legal professions, and legal
institutions, by combining argumentation, game theory and evolution. We consider a population of
lawyers, having ...
Title:Legality Policies and Theories of Legality: From Bananas to Radbruch’s Formula
Author(s):SARTOR, GiovanniDate:2009Type of Publication:ArticleAbstract:In this paper I shall take an inferential approach to legality (legal validity), and consider how the legality of a norm can be inferred, and what can be inferred from it. In particular, I shall analyse legality policies, ...
Title:Cognitive Automata and the Law: Electronic Contracting and the Intentionality of Software Agents
Author(s):SARTOR, GiovanniDate:2009Type of Publication:ArticleAbstract:I shall argue that software agents can be attributed cognitive states, since their behaviour can be best understood by adopting the intentional stance. These cognitive states are legally relevant when agents are delegated ...
Title:A Sufficientist Approach to Reasonableness in Legal Decision-Making and Judicial Review
Author(s):SARTOR, GiovanniDate:2009Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:I shall argue for a sufficientist understanding of reasonableness in legal decision-making: cognitive or moral optimality are not required for reasonableness; what needed is just that a determination—be it epistemic or ...
Title:Defeasibility in Legal Reasoning
Author(s):SARTOR, GiovanniDate:2009Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:I shall first introduce the idea of reasoning, and of defeasible reasoning in particular. I shall then argue
that cognitive agents need to engage in defeasible reasoning for coping with a complex and changing
environment. ...
Title:Agents, Institutions and Legal Theory
Author(s):OMICINI, Andrea; OSKAMP, Anja; RUBINO, Rossella; SARTOR, GiovanniDate:2008-01-01Type of Publication:Book
Title:More on Presumptions and Burdens of Proof
Author(s):PRAKKEN, Henry; SARTOR, GiovanniDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper extends our previous logical analysis of presumptions and burden of proof by studying the force of a presumption once counterevidence has been offered. In the jurisprudential literature different accounts of ...
Title:Legal Knowledge and Information Systems
Author(s):FRANCESCONI, Enrico; SARTOR, Giovanni; TISCORNIA, DanielaDate:2008Type of Publication:BookAbstract:From its very beginning, legal informatics was mostly limited to the study of legal databases, but very early on, the Institute of Legal Information Theory and Techniques (ITTIG) started being involved with the specific ...